Writ petition seeking special grade pay for completed service. Court disposed of the petition without examining merits, permitting petitioner to file a fresh representation, directing respondents to decide it expeditiously.
Permitted to file fresh representation; respondents directed to decide expeditiously.
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[3301 ]
HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAY OFMARCH TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HON'BLE SRI JUSTICEPULLA KARTHIK
WRIT PETITION NO: 6940 OF 2024
Between:
S.P.SatishKumar,,S/o Late Sri S.P.S.Bhushanam,Age. 52 years,Working as Assistant SectionOfficer, School Education Department, B.R.K.R.Bhavan, Tank Bund, Hyderabad
...pETtnoNER
AND
circumstancesstated in the affidavitfiledtherewith, the High Court may be pleased to issue writ of Mandamusdeclaringthe action of the Respondentsin not granting the specialgrade pay SPP after completionof 12 years w.e.t17.O5.2021 in spite ofthe policy laid downby the Gover:nmentin G.O.Ms.No.38Finance (HRM.lV) Department,d1.15.O4.2015is illegal arbitrary and violatesArticle 14, 16' 21 and 3004 ofthe constitutionof lndia and consequentiallydeclare that the petitioner is entitled for specialgrade pay after c6mpletionof 12 yearsof service w.e.f 17.05.2021with interest@14% perannum
IA NO: 10F2024
Petition under Section151 CPC prayingthatin the circumstancesstated in
the affidavitfiled in supportof the petition,the High court may be pleased to grant an interim directiondirectingthe respondents toforthwith consider the representationfor releasing 12 years special gradepay as providedunder
G.o.Ms.No.38Finance (HRM.lv)Department'dt.'1 5,04.2015 pendingdisposal of
the Writ Petition.
Counsel forthe Petitioner: Ms'LAKSHMI PRIYA' COUNSELFOR SRI P. V. RAMANA
Counsel forRespondents:GP FOR SERVICESlll
The Court madethe following: ORDER
THE HON'BLESRI JI,STICE PULLAKARTHIK
PETITION No.6940OF 2o24
OR DER:
. This WritPetitionis frled under Article 226 of Constitution of India seekingthe followingrelief:
"...toissue Wit of Mandamus declaingthe action of the resoondentsin not grantingthe special grade pag SPP aftLr completionof 12 gears u'e'f' 17'05'2021in spite of tile oolicilaid doun by the Couemment in G.O.Ms'No'38 Finine-(HRM.IV)Department,dL15'O4'2015 is illegal' arbitroruond uiolatesArticle 14, 16, 21 and 3OOA of the ionstiitionof India and consequentiallg declare that the oetitioner isentitled forspecial grade pay after mmpletion 'of 72 uears of seruie u.t.e.f. 17.05'2021 with interest @ i 4o/opJ, ornum and pass such other order or orders"'"
3.lrarnedcounselforthepetitionersubmitsthatthepetitioner wasappbintedasAssistantSectionoflrcerintheSecretariaton 18.05.2009.Whileso, he frled W'P'No' 14900of 2O2O seeking this court to directthe respondents to release annual gradeincrements from2013to2o2oandthisCourthasdirectedtherespondentsto release theannual grade increments of thepetitioner' Subsequently,the respondents uideproceedings,dated 16'O3'2O21
J
)
I
2
in O.O.Rt.No.7g released increments and six years special grade scale as provided under F.R.22_A. Learned counsel further subm.its that since the petitioner has completed twelve years of service, he is entitled for Special grade pay of Spp_lA w.e.f. 17.O5.2O2t. Therefore, he filed a representation before Additional Secretary to the Government on 2Z .OZ .2022 and the same is pending consideration. Learned counsel prays this Court to permit the petitioner to file fresh lrpresentation before respondent No.2 and respondent No.2 may be directed to consider the same and pass appropriate orders, at the earliest.
4'
.)
within a period of eight (Og) weeks thereon and communicate a copy thereof to the petitioner There shall be no order as to costs
Miscellaneous petitions pending, if any, shall stand closed.
To,
//TRUE COPYII
rcsrssffift:88+FiR /
C- $,'
SECTION OFFICER
I
HIGH COURT
DATED: 1810312024
1 !lE S TA I e
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P,'AT CHeO
ORDER
WP.No.6940 of 2024
DISPOSING OF THE WRIT PETITION
-r$rw----
WITHOUT COSTS
2 issues framed by the court
Is the petitioner entitled to special grade pay after completion of 12 years of service?
Whether the state's failure to grant special grade pay is arbitrary and violates constitutional rights?
3 provisions across 2 enactments
S.P. Satish Kumar
The State of Telangana
Special Chief Secretary Education Department
Pulla Karthik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
